Drugs State laws

NYC bans preemployment drug testing for marijuana, THC

drug test
Photo: RapidEye/iStockphoto

New York — A new law in New York City bans employers, labor organizations and employment agencies from testing job applicants for marijuana and tetrahydrocannabinols, or THC – the active ingredient in marijuana.

Enacted May 10 by city legislators, Prohibition of drug testing for pre-employment hiring procedures states that pre-employment testing will be considered an “unlawful discriminatory practice” as a condition for employment.

The law makes exceptions for certain job positions, including:

  • Police officers or peace officers
  • Emergency responders
  • Safety-related positions
  • Jobs requiring security clearance
  • People who supervise or care for children, medical patients or vulnerable persons
  • Workers who operate vehicles requiring a commercial driver’s license
  • Jobs tied to a federal or state contract/grant

The law is scheduled to take effect May 10, 2020. It was passed April 9 by a 40-4 vote of city council members and sent to Mayor Bill de Blasio (D) for his signature. It automatically became law after 30 days without action by the mayor.

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Pete Young
June 7, 2019
I am so disappointed with the direction we are traveling as a nation. Oakland, CA just legalized magic mushrooms as well. Workers in non-sensitive jobs will be able to get high each and every night after work, and be expected that they can perform tasks which include working from ladders, scissor lifts, Knuckle booms, fork lifts, baggage carts, work with cutting and burning equipment, leading edges, and so many other unsafe situations. Our human infrastructure is falling by the way side, so we can be free to destroy our loved ones by relieving ourselves of the responsibility of responsibility. Those who fought and died for us in WWII would flip in there graves if they could see what they were trying to protect us from the horrors of war back then, and the "Freedoms" which we are being forced to endure so some can get high.

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Michelle Nekuda
June 7, 2019
This is very disappointing. Why are some jobs (or just because of a government contract, really???) being protected from someone under the influence and others are not. Are you saying those employees lives are more important than an employee in a manufacturing plant or a food service position (because they ARE NOT)? What is different between someone driving with a CDL license vs. someone driving with a regular license or driving a motorized vehicle in a work situation, like a forklift? A forklift can kill just as quickly as a CDL operated vehicle. An employee high on any drug is more likely to injure or kill an employee who is not under the influence. Why should I, or anyone else for that matter, have to work next to an employee who has tested or would test positive for marijuana? You should be protecting the lives of ALL employees, not protecting those that choose to get high.

Donald Deramus
June 7, 2019
Amazed by the lack of critical thinking, but unfortunately not surprised!

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Herb Munker
June 7, 2019
So how does a business protect themselves from injuries to employees or customers from an employee under the influence of Marijuana?

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JANET KORNMANN
June 12, 2019
You can have a voice. There is a bill every employer needs to be aware of because it will affect how they run their business. Washington is trying to remove employers' ability to enforce a drug-free workplace. This will make the workplace more dangerous for employers and employees alike. Please go to: https://cqrcengage.com/learnaboutsam/app/write-a-letter?0&engagementId=498857 NDASA and SAM Action urge you to write your Representative and Senators to warn them about the impact the STATES Act (S. 1028/H.R. 2093) would have on employers and the drug testing industry. The STATES Act would exclude marijuana as legalized by states from the Controlled Substances Act, which would fully legalize these high-potency products at the federal level and lay the groundwork for expanded employee rights to use them. Many “legal marijuana states” have begun to restrict employer’s rights to safe and drug-free workplaces by limiting their ability to test employees for marijuana use. Not only is this an infringement upon the rights of the American business owner and their fellow employees, it poses a direct threat to public health and safety. Marijuana is an impairing substance. Illicit drug use substantially threatens workplace safety and productivity. 40% of workplace fatalities are caused by substance use. Employee drug use costs the U.S. Economy $246 billion annually from decreased productivity, employee turnover, increased medical costs, theft, and increased accidents. Workers who use marijuana, the most widely used drug by U.S. employees, have 75% more absenteeism, 55% more industrial accidents and 85% more workplace injuries than workers who choose to remain drug-free. Restricting workplace drug testing programs when this nation faces an opioid epidemic is reckless. Workplace drug testing exists in order to identify those struggling with addiction in order to offer treatment and recovery solutions while remaining at work. Viewing healthy alternatives for employees as punitive lacks vision and direction for drug-free families and communities. The STATES Act will conflict with the ability of employers to seek protections guaranteed under the Federal Safe and Drug-Free Workplace Act. Additionally, our industry of experts can attest that there is currently NO test that can measure impairment for those who choose to drive under-the-influence of marijuana. Putting states in the direct line of response to increased roadside fatalities without a solution will cost hundreds of millions of dollars in adjudication, not to mention the loss of life. There are currently too many unanswered questions with a tremendous lack of solutions that legal marijuana creates. Placing the burden of these negative outcomes on states that are ill-equipped and lack in funding will not benefit the American public, our economy or our safety. If you would like to discuss this please contact National Drug and Alcohol Screening Association. www.ndasa.com

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Charelle Wilson
June 13, 2019
Michelle Nekuda, I agree with you wholeheartedly! Drugs in the workplace are never a good idea. However, I want to answer your question. The government did not invoke drug testing of employees in the safety-sensitive workforce to keep save them from themselves nor do they value their employees more than those of us in the general workforce. Drug testing was put into place for you and me as a whole. They were trying to ensure our safety. They didn't want employees who transport and come into contact with the general public on our roads, in the air, or at sea to do so under the influence of drugs. (Jobs that entail transporting hazardous materials also fall under this topic, I think.) I just thought I should put that out there. :)

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Tanya DuPras
June 14, 2019
Pete Young, You're so disappointed, but it's just fine for those same workers to go home and drink a 12 pack of beer and do the same tasks? - If you "get high" the night before you're not still high in the morning, but if you drink 12 beers you can certainly still be drunk in morning. And my father fought in WWII, so how dare you equate those heroes to your unsubstantiated views on pot. If you don't drink then by all means have your opinion, but why you think pot is worse than alcohol is beyond me. Try educating yourself before you start talking about safety because alcohol causes more job site accidents than pot ever will.

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Joel
June 19, 2019
I agree with Tanya. I am a smoker and all my friends are drinkers. I can not tell you how many times I've had to deal with being the designated driver, cleaning up vomit and having to make fake calls out to work for my alcoholic friends because they're too hungover and dehydrated the next morning. To make things worst, if any of my friends did have to go to work after getting drunk the night before, they only made it through by drinking a Bloody Mary in the morning. I've never experienced, blacking out, possible alcohol poisoning, aggressive behavior, possibly choking on vomit in my sleep or a hangover from Marijuanna. Not to mention, there has been debate over the use of over the counter medication such as naxoprin and Ibuprofen and it's interference of testing positive for THC during preemployment screening. If it is such a big deal to everyone , let's be fair about it and start mandating alcohol tests

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Kevin
July 29, 2019
No matter what side of the fence you are on regarding this topic, lets not kid ourselves.... it's about the almighty $$$. The reason federal employees and DOT employees are not allowed to consume is because regardless of what the states legalize it's still against the FEDERAL law. The main issue if as an employer is I can test for alcohol level, certain drug levels but with marijuana it's a +/-. That is not fair to the employee or employer. Lets find a way to measure content regarding a safe/unsafe level then the issue goes away.

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420
August 10, 2019
So with all the exceptions you still cant apply for most jobs thanks for the help might as well keep it illegal then at least you know where you stand

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Madeline Morano
October 2, 2019
With they types of injuries which can be sustained by an impaired forklift operator un/loading trailers and who require only company training and not a commercial drivers license, can be just as dangerous as those who do drive with a commercial license. Would you say that a forklift operator is considered a safety related position?

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Tt
October 14, 2019
I am so happy!!! Too many people with or without a degree are being punished for something that grow naturally. This helps in so many ways. Only some people in the medical field would understand how it helps people. So do your research before judging it.....!!!!!

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HaroSan
November 5, 2019
In all fairness if anyone thinks that taking pot is worse than taking a Ibuprofen, then you seriously need to re-educate your selfs on what you’re putting into your body. As to what was mention before, alcohol and other drugs are being over looked to the point that there are more fatalities and injuries under those influences than reported cases of someone using pot. Anyone under the influence of a pain killer is more likely to experience a harmful side effect than eating a gummy bear made with pot. Not to mention people who are heavily dependent on a DRUG like an Ibuprofen are most likely to overdose or mix with something else(that clearly warns you not to do on the packaging) and endanger themselves and the people around them, regardless at work or at home. But no one is going to be denied a job opportunity if they show positive for over the counter DRUGS. None of you opposed to this new law CAN NOT prove that over the counter drugs, alcohol, and cigarettes have less fatalities than pot consumption. I mention cigarettes because in spite of all the deaths and illness that comes from smoking cigarettes, morally you think those “pain relievers” are ok to use in general over someone who is just looking to deal with pain(physically/mentally) in a manner that is not life threatening in the long run. Also let’s not forget while the working class of our society has to deal with these kind of employment problems a lot of the top dogs of major companies in charge are more drugged up than those on their pay roll. But yet again you’re ok with that.

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Greens
November 7, 2019
NOW can we please get this in every recreational state? It's unfair to test for something with effects weaker than the symptoms of a common head cold. It's perfectly legal for anyone with a head cold or sickness to go to work or perform safety related tasks, yet if someone consumes cannabis within a month (which has less of an effect on mental alertness and clarity than your common cold), you are disqualified from employment. It's actually really bad for the economy to disqualify cannabis consumers from employment. It's a huge industry, as roughly 25% of Americans are consumers and a solid 38% of college students use (our future leaders). MARIJUANA PROHIBITION NEEDS TO END.

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Tia
February 3, 2020
So is it a law or is it a lay may20th and is it for all of New York or just the five boroughs?

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Name
March 15, 2020
I'm going for unionized apprenticeship,so they can't test me in order to get the job? Once I get the job,will they be able to do randoms? Just want to be sure clear and understand,THANK YOU

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Pete
April 26, 2020
As far a marijuana goes it’s about time as long as you don’t do it before or during work just as alcohol which is in fact far more dangerous and deadly then pot use. It is a great new source of income for the states which maybe just maybe will slow the increase of taxes on the middle class for a little while. The medicinal benefits of marijuana are beneficial for many people which is more than anyone can say about alcohol use which is legal

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David Jacovsky
June 2, 2020
Does anyone know if the additional exceptions to the pre-employment test ban on marijuana (e.g. anyone operating heavy machinery, anyone whose impairment could cause harm to themselves or their fellow worker, etc.) were approved?

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Marquis
July 21, 2020
Talk about Fair Weed stays in your system longer so that joint you smoked last week can mess up a job opportunity Or be detected which doesn’t men you are under the influence